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officer may face trail

A Toronto police officer and former Mono resident whose drug possession and assault case was thrown out because it took too long to be heard may have to face a criminal trial after all.

Ned Maodus, 42, a senior drug investigator with Metro Toronto Police, faced numerous assault and drug related charges after he was arrested at his Mono home in March of 2002.

The charges included sexual assault, assault causing bodily harm, uttering death threats, possessing and pointing a firearm and possessing a restricted weapon.

A Brampton judge stayed those charges in February 2005 because the initial Nov. 29, 2004 trial date, slated more than two years after Maodus was first charged, violated his charter rights to a trial within a reasonable period of time.

On Wednesday, a Brampton court justice argued that Maodus' charter rights were not violated because he too caused the trial to be delayed. A decision on the matter had not yet been resolved as of The Banner's press time.

"It's not entirely the crown's fault that the trial was delayed," Justice Christopher Speyer said, May 10.

Defence lawyer Peter Brauti told the court the trial to deal with Maodus' drug and assault charges was delayed largely due to scheduling and the Crown's mishandling of important information.

Brauti said just getting his hands on the disclosure prepared by the Crown's office took more than a year.

He argued that too much time has lapsed since the incidents occurred and that Maodus' fading memory would make it difficult to conduct a proper trial.

"You can't expect him to remember which of his neighbours came over to his house two years ago to ask to borrow a tool."

The Crown, however, reiterated the judge's argument that Maodus played a large enough role in delaying the trial by declining an early trial date.

Other delays included Maodus' decision to change his lawyer before a trial date had been set.

Maodus has been in and out of court for the past four years on a wide range of matters.

The court heard how Maodus, a long-time member of the Toronto police drug task force, was arrested and charged in relation to a domestic dispute in March 2002.

During a subsequent search of his residence, evidence was found that led to the 2004 charges of possession of heroin and cocaine for the purpose of trafficking, and possession of ecstasy.

At the time of his arrest, Maodus was one of six Toronto officers identified in a separate RCMP investigation into alleged police corruption.

Charges stemming from the alleged 2002 drug seizures were laid roughly two years after the incident took place because those looking into potential police corruption didn't want to compromise their investigation, Toronto Police officer James Lowry told the court.

Lowry, who is a professional standard official with Toronto Police, said charges were brought forth only when authorities determined there was no link between the RCMP investigation and the drugs taken from Maodus' property.

"The CFC [police corruption] matter took priority over this simple drug possession charge and that's fine," said Brauti referring to the RCMP-led investigation looking into allegations of extortion, perjury and assault against six officers, including Maodus, working for the Central Field Command drug squad.

Brauti argued the RCMP probe caused this matter to be delayed even further, "but they now have to live with that decision."

The judge said he understood why the professional standards branch of the Toronto Police Service took so long to lay the drug charges against Maodus.

"They had bigger fish to fry," Speyer said.

Maodus has since been charged in connection with a road rage incident that occurred in London Ont., in September 2005.

He also spent a week in jail after he was arrested and summarily charged for trying to buy sex from an undercover police officer posing as a prostitute.